What can I do if I bit into a piece of glass while eating at a restaurant?
I was in a sushi restaurant and bit into a piece of glass and chipped my bottom front tooth. What can I do? Owner said what do you want me to do, close my restaurant?
AyerHoffman, LLP
| David C. Ayer
Woburn, MA
Woburn, MA
You can retain a personal injury suit and sue the restaurant for negligence. You can recover the cost of dental work, compensation for pain, suffering, and embarrassment, and possibly punitive damages as well. You may have a good claim under Massachusetts' Consumer Protection Act for unfair and deceptive business practices as there is an implied warranty with the food sold to you which was breached by the foreign object being in the food. Any breach of warranty is grounds for a claim of unfair and deceptive business practices.
Answer Applies to: Massachusetts
Replied: 9/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 9/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Joel H. Schwartz, P.C.
Common sense would dictate that something like this should not happen to someone. You should be able to go to a restaurant establishment with the expectation that you will not be hurt from eating. Someone is clearly responsible, and it is your right to make a claim for pain and suffering. At a minimum, the restaurant should be paying for repair of your tooth. Most establishments have insurance coverage for this.
Answer Applies to: Massachusetts
Replied: 9/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 9/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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